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1998 031 Ordinance
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1998 031 Ordinance
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Last modified
11/19/2018 4:10:31 PM
Creation date
9/10/2018 9:45:05 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
031
Date
9/28/1998
Year
1998
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defined), and the results of a special tax search. <br />(c) Purchaser agrees to accept title to the Premises subject <br />only to real estate taxes and assessments, both general <br />and special, which are a lien, but not due and payable on <br />the Closing Date and zoning (the "Permitted Exceptions"). <br />In the event the Commitment and/or Survey disclose any <br />matter affecting title to the Premises other than the <br />Permitted Exceptions, Purchaser shall notify Seller of <br />the title matters which Purchaser approves and the title <br />matters to which Purchaser objects within thirty (30) <br />days after receipt by Purchaser of both the Commitment <br />and the Survey, and, except as otherwise provided in <br />Section 3(d) Seller shall remove any such matters <br />objected to by Purchaser, at Seller's expense, within <br />.thirty (30) days after Purchaser notifies Seller of such <br />title matters. If Purchaser fails to notify Seller of <br />its objection to, or approval of, any such title matters, <br />Purchaser shall be deemed to have accepted all title <br />matters set forth in the Commitment, except for the <br />Permitted Exceptions. <br />(d) In the event that despite the use of Seller's best <br />efforts Seller can not or does not remove any such title <br />matters objected to by Purchaser within said thirty (30) <br />days, Purchaser shall have the right to elect either: <br />(i) to waive such title matter(s), proceed to close <br />this transaction and accept title to the Premises <br />subject to such title matter(s); or <br />(ii) to terminate this Agreement by giving written <br />notice of termination to Seller and this Agreement <br />shall thereafter be of no further force or effect. <br />4. TITLE TO PREMISES. Seller shall convey good and marketable <br />indefeasible fee simple title to the Premises to Purchaser subject <br />only to the Permitted Exceptions and such other title matters <br />approved by Purchaser in writing by general warranty deed (the <br />"Deed"). The Deed shall be in a form and substance satisfactory to <br />Purchaser and contain the legal description of the Premises <br />described in the Survey. The Permitted Exceptions and the title <br />matters approved by Purchaser shall be specifically, not <br />categorically excepted from the warranties of title in the Deed. <br />5. ~iCCESS TO 1~ND CONDITION OF PROPERTH. Purchaser, its agents, <br />contractors and engineers shall have the right to enter upon the <br />Premises for the purpose of inspecting the physical condition of <br />the Premises, to determine the suitability of the Premises for <br />Purchaser's intended uses thereof, such as the existence and <br />adequacy of all utilities serving the Premises, compliance with <br />laws and soil conditions. Notwithstanding any language to the <br />contrary contained herein, Purchaser agrees to repair any and all <br />damage to the Premises caused by Purchaser's inspection thereof and <br />
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